Rights given by a Trademark Registration

Registration of a trade mark gives to the proprietor the exclusive right to use the trade mark in relation to the goods or services for which it is registered and the right to take legal action against competitors who might, inadvertently or otherwise use a similar trade mark on goods or services similar to those covered by the registration.

If the owner of a trade mark registration has a "reputation" in the UK, he can sue for trade mark infringement, irrespective of the nature of the goods or services on which the infringer is using the mark.

Most European countries, other than Ireland, grant (in the absence of opposition based on prior use) registration rights to the first to apply to register the trade mark, and not the first to start using the trade mark. You may therefore find, having been using your mark for some time, that a competitor has registered your mark or one similar to it and as a result you may be forced to stop using your mark. It is important to register your trade mark to protect you against this risk.

When using your registered Trade Mark it is advisable to apply a warning indication to discourage others from using a similar mark.